Legal

Terms & Conditions

1. Service Provider

2. Purpose of this Terms & Conditions

This Agreement sets out the terms and conditions governing the Client's Payment Plan to the GuestBook Pro platform and the services provided by GuestBook Pro, including the creation, hosting, maintenance, and support of digital guest guidebooks.

By agreeing to the Services, accepting a quotation, completing the online registration process, or making payment for a Payment Plan, the Client acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement, together with any applicable Terms & Conditions, Privacy Policy, and other policies published by GuestBook Pro.

3. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set out below:

3.1 "Service" means the digital guest guidebook services provided by GuestBook Pro, including the creation, hosting, management, maintenance, updates (where applicable), and related support services offered under the Client's selected Payment Plan plan.

3.2 "Payment Plan" means the recurring monthly or annual agreement entered into by the Client for the provision of the Services, subject to the terms and conditions of this Agreement.

3.3 "Guidebook" means the customised digital guest guidebook created by GuestBook Pro for the Client's property or properties, containing information such as check-in instructions, house rules, Wi-Fi details, local recommendations, emergency contacts, property information, and any other content supplied or approved by the Client.

3.4 "Client" means the individual, business, property owner, property manager, or other legal entity purchasing or agreeing to the payment plan Services provided by GuestBook Pro.

3.5 "Commencement Date" means the date on which this Agreement becomes effective, being the date the Client accepts this Agreement or the date GuestBook Pro confirms the commencement of the Services, whichever occurs first.

3.6 "Term" means the initial Payment Plan period of twelve (12) months commencing on the Commencement Date, together with any renewal periods, unless terminated in accordance with this Agreement.

3.7 "Property" means any vacation rental, holiday home, serviced accommodation, Airbnb, guest house, or other accommodation for which the Client requests a digital guidebook.

3.8 "Content" means all text, photographs, logos, branding, videos, documents, links, property information, and other materials supplied by the Client or created by GuestBook Pro for inclusion in the Guidebook.

3.9 "Platform" means the GuestBook Pro digital platform through which the Guidebook is hosted, managed, and made available to the Client and their guests.

3.10 "Guest" means any person authorised by the Client to occupy or access the Client's Property and who is granted access to the Guidebook.

3.11 "Fees" means the Payment Plan charges and any other amounts payable by the Client to GuestBook Pro in accordance with this Agreement.

4. Services Provided

4.1 Overview of Services

GuestBook Pro provides professionally designed digital guest guidebook services to assist property managers and hosts in delivering a seamless and informative experience for their guests.

The specific Services provided under this Agreement will depend on the Client's selected Payment Plan plan and may include the following:

4.2 Creation of a Digital Guest Guidebook

GuestBook Pro will design and create a customised digital guest guidebook for the Client's property or properties using the information supplied by the Client.

The guidebook may include, but is not limited to:

  • Welcome messages
  • Check-in and check-out instructions
  • Wi-Fi information
  • House rules
  • Property amenities and appliance guides
  • Emergency contact information
  • Local attractions and recommendations
  • Frequently asked questions (FAQs)
  • Parking instructions
  • Property-specific information
  • Any additional content agreed upon between the Parties

The Client is responsible for ensuring that all information provided to GuestBook Pro is accurate, complete, and up to date.

4.3 Hosting of the Guidebook

GuestBook Pro will securely host the Client's digital guidebook on its cloud-based platform for the duration of the active Payment Plan.

Guests will be able to access the guidebook through a secure web link or other approved access methods without the need to download additional software or applications.

4.4 Guidebook Updates

Where included in the Client's Payment Plan plan, GuestBook Pro will update the guidebook with revised information provided by the Client.

Updates may include changes such as:

  • Property information
  • House rules
  • Check-in instructions
  • Contact details
  • Local recommendations
  • Images
  • Amenities
  • Seasonal information
  • Other approved content

GuestBook Pro will endeavour to complete requested updates within a reasonable timeframe during normal business hours.

4.5 Customer Support

GuestBook Pro will provide customer support to assist the Client with matters relating to their digital guidebook and Payment Plan.

Support may include:

  • General account assistance
  • Guidebook content enquiries
  • Technical troubleshooting
  • Guidance on available features
  • Assistance with updates where applicable

Support is provided during GuestBook Pro's published business hours unless otherwise agreed in writing.

4.6 QR Code Generation

GuestBook Pro will generate a unique QR Code for each digital guidebook.

The QR Code may be displayed at the Client's property or included in guest communications, allowing guests to access the guidebook instantly by scanning the code with a compatible mobile device.

4.7 Automatic Translation

Where supported by the platform and included within the Client's Payment Plan plan, GuestBook Pro provides automatic translation of digital guidebook content into multiple languages.

Automatic translations are intended to improve accessibility and enhance the guest experience for international visitors.

While GuestBook Pro uses reliable translation technology, translations are generated automatically and may not always reflect perfect linguistic or contextual accuracy. The Client acknowledges that GuestBook Pro cannot guarantee the accuracy of automatically translated content.

4.8 Service Improvements

GuestBook Pro continually develops and improves its platform. From time to time, we may introduce new features, enhancements, or functionality to improve the Services provided to our Clients.

Where possible, such improvements will be made available to active payment plan members without interrupting the core functionality of the Services.

4.9 Services Not Included

Unless expressly agreed in writing, the Services do not include:

  • Property management services
  • Booking management
  • Guest communication on behalf of the Client
  • Maintenance coordination
  • Marketing or advertising services
  • Professional photography
  • Copywriting beyond the agreed guidebook content
  • Third-party software Payment Plans or integrations not included in the Client's selected plan

Additional services requested by the Client may be provided at GuestBook Pro's discretion and may be subject to separate quotations or additional fees.

5. Payment Plan Fees and Billing

5.1 Payment Method

All Payment Plan fees and any additional charges payable under this Agreement shall be made exclusively through PayFast, GuestBook Pro's secure online payment platform.

Upon commencement of the Services, the Client will receive a secure payment link or invoice generated through the PayFast platform. The Client agrees to make all payments through this platform unless otherwise agreed in writing by GuestBook Pro.

GuestBook Pro does not accept cash payments or direct bank deposits unless expressly authorised in writing.

The Client acknowledges that payments processed through PayFast are subject to PayFast's applicable terms and conditions and security measures. GuestBook Pro shall not be liable for any delays or interruptions in payment processing caused by PayFast or other third-party payment service providers beyond its reasonable control.

Failure to make payment through the approved payment platform may result in delayed activation, suspension, or interruption of the Services until payment has been successfully received.

5.2 Additional Properties

Should the Client acquire, manage, or onboard additional properties during the term of this Agreement, the Client may request GuestBook Pro to create additional digital guest guidebooks for those properties.

Upon receiving the Client's request, GuestBook Pro will prepare and publish the additional guidebook(s) in accordance with the Client's Payment Plan plan or the applicable pricing in effect at the time.

Any Payment Plan fees applicable to additional properties shall be added to the Client's next scheduled billing cycle unless otherwise agreed in writing between the Parties.

Where additional properties are added, they shall automatically become subject to the terms and conditions of this Agreement.

5.3 Changes to Payment Plan Fees

GuestBook Pro reserves the right to review and amend its Payment Plan fees from time to time.

Any changes to pricing shall not affect the Client's current Payment Plan during the initial contract term unless otherwise agreed in writing.

Should Payment Plan fees change upon renewal, GuestBook Pro will provide the Client with at least thirty (30) days' written notice before the new fees take effect.

5.4 Late or Failed Payments

If payment is not received by the due date, GuestBook Pro reserves the right to:

  • Issue a payment reminder to the Client;
  • Suspend access to the Services until all outstanding amounts have been paid;
  • Charge reasonable administrative or collection costs incurred in recovering overdue amounts, where permitted by law; and
  • Terminate this Agreement in accordance with the termination provisions if payment remains outstanding after reasonable notice has been given.

The Client remains responsible for all Payment Plan fees incurred prior to any suspension or termination of the Services.

5.5 Billing Enquiries

Any questions or disputes relating to invoices or Payment Plan charges should be submitted to GuestBook Pro in writing within seven (7) Business Days of the invoice date.

GuestBook Pro will investigate the enquiry promptly and, where appropriate, issue a corrected invoice or provide clarification regarding the charges.

6. Automatic Renewal

To ensure uninterrupted access to the Services, this Agreement will automatically renew for successive periods equal to the initial Payment Plan term unless either Party provides written notice of cancellation in accordance with the cancellation provisions of this Agreement.

For Clients on a monthly Payment Plan, the Payment Plan will continue on a month-to-month basis following the initial twelve (12) month term, unless cancelled by either Party with at least one (1) calendar month's written notice.

For Clients on an annual Payment Plan, the Payment Plan will automatically renew for a further twelve (12) month period unless either Party provides written notice of cancellation at least two (2) calendar months before the end of the current Payment Plan term.

By continuing to use the Services after the renewal date, the Client acknowledges and agrees to the renewed Payment Plan and the applicable Payment Plan fees in effect at that time.

7. Cancellation and Early Terminations

At GuestBook Pro, we are committed to providing a reliable, high-quality service while maintaining clear and transparent Payment Plan terms.

7.1 Monthly Payment Plan

Monthly Payment Plans are billed in advance on a recurring monthly basis.

All monthly Payment Plans are subject to a minimum 12-month contract.

Should you wish to cancel your Payment Plan before the initial 12-month term, a minimum of one (1) calendar month's written notice is required.

If written notice is not received before the start of your next billing cycle, your Payment Plan will automatically renew on a month-to-month basis, and the applicable monthly Payment Plan fee will continue to be charged until the required notice period has been completed.

Your Payment Plan will remain active throughout the notice period, and monthly payments will continue as normal.

No partial refunds will be issued for unused portions of a billing period.

7.2 Annual Payment Plan

Annual Payment Plans are billed as a single upfront payment and include one month free, giving you 12 months of service for the price of 11 months.

Annual Payment Plans are based on a 12-month fixed-term agreement.

Annual Payment Plan fees are non-refundable once the Payment Plan has commenced.

At the end of the initial 12-month term, you may choose to renew your annual Payment Plan or switch to a monthly plan, subject to the applicable pricing and terms.

7.3 Early Cancellation

If the Client wishes to cancel their Payment Plan within the first six (6) months of the Agreement and did not elect to pay the fixed setup fee at the commencement of the Services, the Client must provide a minimum of one (1) calendar month's written notice. In such circumstances, GuestBook Pro reserves the right to charge a cancellation fee equal to the applicable initial service/setup fee. This fee is intended to recover the upfront costs incurred in creating and configuring the Client's digital guest guidebook and associated services.

As your Payment Plan is based on a fixed-term agreement, an early cancellation fee may apply to recover costs associated with the remaining contract term.

GuestBook Pro may, at its sole discretion, waive or reduce the early cancellation fee where the cancellation is due to a verified technical issue that prevents the customer from reasonably using the service and GuestBook Pro is unable to resolve the issue within a reasonable timeframe.

7.4 Cancellation Requests

All cancellation requests must be submitted in writing via email to the GuestBook Pro support team. A cancellation will only be considered effective once written confirmation has been issued by GuestBook Pro.

7.5 Changes to This Policy

GuestBook Pro reserves the right to amend or update this Cancellation Policy from time to time. Any changes will not affect existing fixed-term agreements already in place unless required by law or agreed to in writing by both parties.

8. Client Responsibilities

To enable GuestBook Pro to provide the Services efficiently and accurately, the Client agrees to the following responsibilities:

8.1 Accurate Information

The Client shall provide GuestBook Pro with accurate, complete, and up-to-date information relating to their property or properties, including any content intended for inclusion in the digital guest guidebook.

The Client is solely responsible for ensuring that all information provided is correct. GuestBook Pro shall not be liable for any loss, inconvenience, or claims arising from inaccurate, incomplete, or outdated information supplied by the Client.

8.2 Timely Communication

The Client agrees to respond to reasonable requests for information, approvals, or clarification within a reasonable timeframe to enable GuestBook Pro to create, update, or maintain the digital guidebook.

GuestBook Pro shall not be responsible for delays in delivering the Services where such delays result from the Client's failure to provide the required information or approvals.

8.3 Ownership and Permission to Use Content

The Client warrants that they either own, or have obtained all necessary rights, licences, and permissions to use any text, photographs, logos, branding, videos, documents, or other content supplied to GuestBook Pro.

The Client indemnifies GuestBook Pro against any claims, losses, damages, or legal proceedings arising from the unauthorised use of any content provided by the Client.

8.4 Account Security

Where the Client is provided with login credentials or access to any GuestBook Pro platform or portal, the Client is responsible for keeping such credentials confidential and secure.

The Client shall take reasonable steps to prevent unauthorised access to their account and must notify GuestBook Pro immediately if they become aware of any unauthorised use, security breach, or suspected compromise of their account.

GuestBook Pro shall not be liable for any loss or damage resulting from the Client's failure to protect their login credentials.

8.5 Ongoing Responsibility

The Client agrees to notify GuestBook Pro as soon as reasonably possible of any changes to property information, contact details, house rules, amenities, access instructions, pricing information (where applicable), or any other content that may affect the accuracy of the digital guidebook.

Maintaining accurate information helps ensure that guests receive the most current and reliable information during their stay.

9. GuestBook Pro Responsibilities

GuestBook Pro is committed to providing reliable, high-quality services and agrees to perform the Services with reasonable skill, care, and professionalism.

9.1 Professional Guidebook Creation

GuestBook Pro shall create and design a customised digital guest guidebook using the information and content provided by the Client.

The guidebook will be prepared in a professional manner, incorporating industry best practices to deliver a clear, user-friendly, and engaging experience for the Client's guests.

9.2 Hosting of the Guidebook

GuestBook Pro shall host the Client's digital guidebook on its secure cloud-based platform for the duration of the Client's active Payment Plan.

GuestBook Pro will take reasonable measures to ensure the guidebook remains accessible to authorised users, subject to scheduled maintenance, system updates, technical issues, or circumstances beyond its reasonable control.

9.3 Service Availability

GuestBook Pro will use commercially reasonable efforts to maintain the availability and performance of its Services.

While GuestBook Pro strives to provide uninterrupted access, the Client acknowledges that temporary interruptions may occur due to maintenance, software updates, internet connectivity issues, third-party service providers, or other events beyond GuestBook Pro's reasonable control.

Where reasonably practicable, planned maintenance that may affect service availability will be communicated to Clients in advance.

9.4 Customer Support

GuestBook Pro will provide customer support to assist the Client with enquiries relating to their Payment Plan, digital guidebook, and the Services provided under this Agreement.

Support will be provided during GuestBook Pro's published business hours through the designated support channels.

GuestBook Pro will use reasonable efforts to respond to support requests promptly; however, response and resolution times may vary depending on the nature and complexity of the enquiry.

9.5 Confidentiality

GuestBook Pro will treat all non-public information provided by the Client as confidential and will use such information solely for the purpose of providing the Services under this Agreement.

GuestBook Pro will not disclose the Client's confidential information to any third party unless:

  • the Client has provided prior written consent;
  • disclosure is required by law or a court of competent jurisdiction; or
  • disclosure is necessary to trusted service providers engaged by GuestBook Pro to deliver the Services, provided such providers are bound by appropriate confidentiality obligations.

9.6 Continuous Improvement

GuestBook Pro is committed to continually improving its platform, services, and user experience. From time to time, GuestBook Pro may introduce new features, enhancements, security improvements, or performance updates.

Where reasonably possible, these improvements will be implemented without materially reducing the functionality of the Services provided to the Client.

10. Intellectual Property

The Parties acknowledge and agree that each Party retains ownership of its respective intellectual property rights. Nothing in this Agreement shall transfer ownership of any intellectual property unless expressly stated otherwise.

10.1 Ownership of the GuestBook Pro Platform

GuestBook Pro retains all rights, title, and interest in and to its software, platform, website, systems, templates, designs, branding, logos, trademarks, source code, processes, technology, documentation, and any other intellectual property developed or owned by GuestBook Pro.

The Client acquires no ownership rights in the GuestBook Pro platform or any associated intellectual property by agreeing to the Services.

10.2 Ownership of Client Content

The Client retains full ownership of all content supplied to GuestBook Pro, including but not limited to:

  • Property information
  • Photographs and images
  • Logos and branding
  • House rules
  • Property descriptions
  • Contact details
  • Videos
  • Documents
  • Written content
  • Any other materials provided by the Client

Nothing in this Agreement transfers ownership of the Client's content to GuestBook Pro.

10.3 Licence to Use Client Content

The Client grants GuestBook Pro a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, format, display, store, and publish the Client's content solely for the purpose of:

  • Creating and designing the digital guest guidebook;
  • Hosting and maintaining the guidebook;
  • Providing the Services under this Agreement; and
  • Performing updates or modifications requested by the Client.

This licence shall remain in effect for the duration of the Client's active Payment Plan and shall automatically terminate upon termination of this Agreement, subject to any legal or regulatory record-retention requirements.

10.4 GuestBook Pro Materials

Any templates, layouts, graphics, icons, workflows, features, software functionality, or other materials developed by GuestBook Pro as part of its platform remain the exclusive property of GuestBook Pro, even where such materials are incorporated into the Client's digital guidebook.

The Client is granted a limited, non-transferable, non-exclusive right to use these materials only as part of the Services provided under this Agreement.

10.5 Restrictions on Use

The Client shall not copy, reproduce, modify, reverse engineer, distribute, sell, licence, or otherwise exploit any part of the GuestBook Pro platform, software, or proprietary materials except as expressly permitted under this Agreement or with GuestBook Pro's prior written consent.

10.6 Client Warranty

The Client warrants that all content provided to GuestBook Pro is owned by the Client or that the Client has obtained all necessary rights, licences, and permissions to use such content.

The Client agrees to indemnify and hold GuestBook Pro harmless against any claims, damages, losses, costs, or expenses arising from any infringement of third-party intellectual property rights resulting from content supplied by the Client.

10.7 Portfolio and Marketing Use

Unless the Client notifies GuestBook Pro in writing that they do not wish to participate, the Client grants GuestBook Pro permission to display the Client's company name, property name, logo, screenshots of the digital guidebook, and other non-confidential promotional materials for the purpose of marketing GuestBook Pro's services, including on its website, social media platforms, presentations, and promotional materials.

GuestBook Pro shall not disclose confidential information or sensitive guest data when exercising this right.

11. Confidentiality and Data Protection

GuestBook Pro and the Client acknowledge that, during the course of this Agreement, each Party may have access to confidential information belonging to the other Party. Both Parties agree to treat such information as confidential and to use it solely for the purpose of fulfilling their respective obligations under this Agreement.

Neither Party shall disclose, distribute, or make available any confidential information to any third party without the prior written consent of the other Party, except where disclosure is required by law or is reasonably necessary to perform the Services under this Agreement.

For the purposes of this Agreement, "Confidential Information" includes, but is not limited to, business information, pricing, trade secrets, software, technical information, property information, business processes, client lists, financial information, login credentials, and any other information that is reasonably considered confidential.

GuestBook Pro is committed to protecting the privacy and security of all personal information collected or processed in connection with the Services. Personal information will be collected, stored, processed, and used only to the extent necessary to provide the Services and to fulfil GuestBook Pro's legal and contractual obligations.

GuestBook Pro will implement reasonable administrative, technical, and organisational measures to safeguard personal information against unauthorised access, loss, misuse, alteration, disclosure, or destruction.

Where applicable, GuestBook Pro will process personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA) of the Republic of South Africa and, where personal data of individuals located within the European Economic Area or the United Kingdom is processed, the General Data Protection Regulation (GDPR) and any other applicable data protection legislation.

The Client acknowledges that they are responsible for ensuring that they have the necessary rights, permissions, and lawful basis to provide any personal information or content submitted to GuestBook Pro for the purposes of providing the Services.

The obligations contained in this clause shall survive the termination or expiry of this Agreement for a period of five (5) years, or for as long as required by applicable law in respect of personal information.

12. Limitation of Liability

12.1 General Limitation

GuestBook Pro will use reasonable skill, care, and diligence in providing the Services. However, to the fullest extent permitted by applicable law, GuestBook Pro shall not be liable for any loss, damage, cost, or expense arising from circumstances beyond its reasonable control.

12.2 Circumstances Beyond Our Control

GuestBook Pro shall not be responsible or liable for any interruption, delay, failure, or inability to provide the Services resulting from:

  • internet outages or interruptions;
  • failures or outages of third-party hosting providers, cloud services, payment gateways, translation services, QR code services, or other third-party platforms;
  • scheduled maintenance, software updates, or emergency system maintenance;
  • power failures, network disruptions, or telecommunications failures;
  • cyber-attacks, malware, viruses, hacking attempts, or other malicious activities beyond GuestBook Pro's reasonable control;
  • force majeure events as described elsewhere in this Agreement.

12.3 Client-Supplied Information

The Client acknowledges that GuestBook Pro relies on the information and content supplied by the Client when creating and maintaining the digital guidebook.

GuestBook Pro shall not be liable for any errors, omissions, inaccuracies, or consequences arising from incorrect, incomplete, outdated, or misleading information provided by the Client.

The Client remains solely responsible for ensuring that all property information, check-in instructions, house rules, contact details, pricing information, and other content remain accurate and current.

12.4 Third-Party Services

Certain features of the Services may rely upon third-party software, platforms, or service providers.

GuestBook Pro does not control these third-party services and shall not be liable for any interruption, unavailability, errors, security incidents, or failures caused by such third parties.

12.5 Business Losses

To the fullest extent permitted by law, GuestBook Pro shall not be liable for any:

  • loss of bookings;
  • loss of guests;
  • loss of revenue;
  • loss of profits;
  • loss of goodwill or reputation;
  • business interruption;
  • loss of anticipated savings; or
  • any indirect, incidental, special, punitive, or consequential loss or damage,

whether arising in contract, delict (tort), negligence, or otherwise.

12.6 Maximum Liability

To the maximum extent permitted by law, GuestBook Pro's total cumulative liability arising out of or in connection with this Agreement shall not exceed the total Payment Plan fees actually paid by the Client to GuestBook Pro during the twelve (12) months immediately preceding the event giving rise to the claim.

12.7 No Guarantee of Results

While GuestBook Pro is designed to improve guest communication, operational efficiency, and the overall guest experience, GuestBook Pro does not guarantee:

  • an increase in bookings;
  • improved occupancy rates;
  • higher guest review scores;
  • increased revenue;
  • fewer guest complaints; or
  • any specific business outcome.

The Client acknowledges that such outcomes depend on numerous factors outside GuestBook Pro's control.

13. Service Availability and Customer Support

GuestBook Pro is committed to providing a reliable, secure, and high-quality service to its Clients. While we strive to ensure maximum platform availability and prompt customer support, the Client acknowledges that occasional interruptions may occur as part of the normal operation and maintenance of the Services.

13.1 Service Availability

GuestBook Pro will use commercially reasonable efforts to ensure that the Services remain available and accessible throughout the Client's Payment Plan period.

However, uninterrupted or error-free access to the Services cannot be guaranteed. Temporary interruptions may occur due to, but are not limited to:

  • scheduled system maintenance;
  • software updates, enhancements, or security improvements;
  • emergency maintenance;
  • failures of third-party hosting providers, cloud infrastructure, internet services, or other third-party platforms;
  • power outages, telecommunications failures, or other events beyond GuestBook Pro's reasonable control.

Where reasonably practicable, GuestBook Pro will provide advance notice of any planned maintenance that may materially affect the availability of the Services.

13.2 Customer Support

GuestBook Pro provides customer support to assist Clients with matters relating to their Payment Plan, digital guidebooks, and the Services provided under this Agreement.

Support is available during the following business hours:

Business Hours: Monday to Friday, 09:00 – 17:00 (SAST)

Support Email: info@guestbookpro.com

13.3 Client Cooperation

To enable GuestBook Pro to provide effective support, the Client agrees to provide sufficient information regarding any issue experienced, including screenshots, descriptions of the problem, and any other information reasonably requested by GuestBook Pro.

Delays caused by incomplete or inaccurate information supplied by the Client may affect response and resolution times.

13.4 Service Improvements

GuestBook Pro continually develops and enhances its platform to improve functionality, security, performance, and the overall user experience.

The Client acknowledges that new features, improvements, and updates may be introduced from time to time. Where possible, such improvements will be implemented without materially affecting the availability of the Services.

14. Suspension of Services

GuestBook Pro reserves the right to suspend, restrict, or temporarily disable access to the Services, in whole or in part, where it is reasonably necessary to protect its business, platform, Clients, or the integrity of the Services.

Where reasonably practicable, GuestBook Pro will provide the Client with prior written notice of any suspension and an opportunity to remedy the issue before access is suspended. However, GuestBook Pro may suspend the Services immediately where circumstances require urgent action.

14.1 Non-Payment

GuestBook Pro may suspend the Services if the Client fails to pay any Payment Plan fees or other amounts due under this Agreement by the applicable payment due date. Access to the Services may remain suspended until all outstanding amounts have been paid in full.

14.2 Misuse of the Services

GuestBook Pro may suspend the Services if the Client uses, or attempts to use, the Services in a manner that:

  • is fraudulent, deceptive, or misleading;
  • interferes with or disrupts the operation, security, or stability of the GuestBook Pro platform;
  • attempts to gain unauthorised access to the platform, systems, or accounts of other users;
  • places an unreasonable or excessive burden on the GuestBook Pro infrastructure; or
  • otherwise uses the Services in a manner inconsistent with this Agreement.

14.3 Unlawful or Prohibited Content

GuestBook Pro may suspend the Services where the Client uploads, submits, publishes, or requests the publication of content that:

  • is unlawful or promotes unlawful activity;
  • infringes the intellectual property rights of any third party;
  • contains defamatory, discriminatory, threatening, abusive, or offensive material;
  • contains malicious software, viruses, or harmful code; or
  • otherwise violates any applicable law or regulation.

GuestBook Pro reserves the right to remove such content without prior notice where required to comply with legal obligations or to protect the integrity of the platform.

14.4 Breach of this Agreement

GuestBook Pro may suspend the Services if the Client commits a material breach of this Agreement and fails to remedy such breach within a reasonable period after receiving written notice from GuestBook Pro, where the breach is capable of being remedied.

For serious breaches that pose an immediate risk to GuestBook Pro, its platform, or other Clients, GuestBook Pro may suspend the Services immediately without prior notice.

14.5 Effect of Suspension

During any period of suspension:

  • the Client may be temporarily unable to access their digital guidebook or related Services;
  • the Client shall remain responsible for paying all Payment Plan fees that continue to accrue during the suspension period, unless otherwise agreed in writing;
  • GuestBook Pro may restore access once the reason for the suspension has been resolved to its reasonable satisfaction.

14.6 Right to Terminate

If the circumstances giving rise to the suspension are not remedied within a reasonable period, GuestBook Pro reserves the right to terminate this Agreement in accordance with the termination provisions contained herein.

15. Force Majeure

Neither party is liable for events outside their reasonable control, such as:

  • natural disasters
  • war
  • government restrictions
  • internet outages
  • power failures

16. Entire Agreement and Amendments

16.1 Entire Agreement

This Agreement, applicable schedules or appendices, constitutes the entire agreement between the Parties in relation to the Services provided by GuestBook Pro.

This Agreement supersedes and replaces all prior discussions, negotiations, representations, proposals, understandings, and agreements, whether written or oral, relating to the subject matter of this Agreement.

Each Party acknowledges that it has not relied upon any statement, representation, warranty, or promise not expressly contained in this Agreement when entering into this Agreement.

16.2 Amendments

No amendment, variation, modification, or waiver of any provision of this Agreement shall be valid or binding unless it is:

  • made in writing;
  • expressly agreed to by both Parties; and
  • signed or otherwise formally accepted by authorised representatives of both Parties.

For the avoidance of doubt, verbal agreements, informal discussions, or email correspondence shall not constitute an amendment to this Agreement unless they clearly state the Parties' intention to amend this Agreement and satisfy the requirements of this clause.

17. Dispute Resolution

The Parties agree to make every reasonable effort to resolve any dispute, disagreement, or claim arising out of or in connection with this Agreement in an amicable and cooperative manner before commencing formal legal proceedings.

17.1 Good Faith Negotiation

If a dispute arises between the Parties, either Party may notify the other Party in writing, setting out the nature of the dispute and the relief sought.

The Parties shall endeavour to resolve the dispute through good faith negotiations within fourteen (14) Business Days of the written notice being received, or within such other period as the Parties may mutually agree.

17.2 Mediation

If the dispute is not resolved through negotiation within the period referred to in Clause 17.1, the Parties agree to refer the dispute to mediation before an independent mediator mutually appointed by the Parties.

Unless otherwise agreed in writing, the costs of the mediator shall be shared equally between the Parties.

The mediation shall be conducted in the Republic of South Africa at a venue agreed upon by the Parties or, where appropriate, by electronic or virtual means.

17.3 Legal Proceedings

If the dispute remains unresolved after mediation, or if either Party refuses to participate in mediation, either Party may institute legal proceedings before a court of competent jurisdiction in the Republic of South Africa.

Nothing in this clause prevents either Party from seeking urgent or interim legal relief where such relief is necessary to protect its legal rights, confidential information, intellectual property, or business interests.

17.4 Continued Performance

Unless otherwise agreed in writing, the Parties shall continue to perform their respective obligations under this Agreement while any dispute is being negotiated or mediated, provided that such performance is reasonably possible.

18. Acceptance of Agreement

By signing this Agreement, the Parties acknowledge that they have read, understood, and agree to be bound by the terms and conditions contained herein.

Each person signing this Agreement warrants that they are duly authorised to do so and to bind the Party on whose behalf they are signing.

This Agreement may be signed in counterparts and by electronic signature, each of which shall be deemed an original and together shall constitute one and the same Agreement.

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